HomeMy WebLinkAbout117101 VISION GRAPHICS INC - PURCHASE ORDER - 9141690PO
PURCHASE ORDER 914169er Page
C1171 of PURCHASE
690 1 of z
' `t Collinsr his number must appear
` �.I 1 1 on all invoices, packing
sli s and labels.
Date: 03/21/2014
Vendor: 117101 Ship To: TRANSPORTATION PLANNING &
VISION GRAPHICS INC 281 NORTH COLLEGE
5610 BOEING DR FORT COLLLINS CO 80524
LOVELAND CO 80538
Enl'"1
Delivery Date: 03/21/2014 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2014 RIDE Catalog 1 LOT LS 5,492.65
for FC Bikes Program
Quantity: 6,000 (Exact Count)
Cost: $5,492.65 ($0.9154 each)
Size: 8" x 10", 52 Pages -Self Cover
Pre -Press: Preflight files and output Dylux proof only
Stock: 70# House Gloss Book
Printing: 4/4 Process, bleeds
Finishing: Trim, Fold, Saddlestitch on 10" edge, and Carton Pack
Per Estimate# 81888-1 dated 03/13/14.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax 970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exempnans, By samte the City of Fort Collins is exempt from state and lazl idea. Om Exemption Number is
I L NONWAIVER.
984 502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collator of
Failure of the Purchaser to insist upon shout performance ofine terms ertd conditions heraf, failure or delay m
Internal Revenue, Drava, Colorado (Ref. Coloreds Revised Smmtes 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by low, failure to promptly notify the Seller in me event of a
breach, the acceptance ofor payment for good hereunder or approval of the design, shall not release me Seller of
Goad Rejected. GOODS REJECTED due to failure 0 men specifications, either when shipped or due to defects of
any of me warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict perfomance haeofor any of its rights or remedies as to my such good, regardless
intimations from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
cal modification or rescission of this purchase order by the Purchaser operate . a waiver of any of the terms
Inspection. GOODS arembjauo the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or eyuipmem in missive m this order an result in
12. ASSIGNMENT OF ANTITRUST CLAIMS,
authonmd payment on the pan of the City of For Collins. However, it is to be understood mat FINAL
Seller and the P rummer recognix that or cowl examornic Practice, o emhatg. muting flown antiwst
ACCEPTANCE is dependent upon completion of all apphable required inspection pmcedam.
violations are in fact hams, by the Purchanar. Theretofore, for good cause and as consideration for executing this
purchase order, the Sella beeby resigns to the Purchaser any and all claims it wy now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Tom Collins, 700 Wood St., Fort Collins, CO 90522, unless
acquir m under federal or state antivast laws fm such macherga relating b the particular good err services
otherwise spanned! ou this arder. Upermission is givea to prepay freight and charge separately, me original fight
purchased or acquired by me Puchaser pwman to this purchase order.
bill must mammary invoice. Additional chary. for packwq will not be accepted.
Shipment Distance. Where manufacturers have distributing points in us parts of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments we made from greater distance.
Permits. Sella shall procure at sell. It cost all necessary permits, anifiam. and licenses required by all
applicable laws, regulations, ordinances and ales ofine star,, municipality, territory or political subdivision when:
the work is performed, or "i red by by omen duly conshmted public authority hasin,mishchat over the work
of vrndar. Seller Parer agrees to hold the City of Fort Collins harmless from and against all liability and loss
incuttd by them by mason of on sssened or established violation aany such laws, regulations, adminc., ales
not on,difibromm.
Authorization. All parries to this commit agree that the representatives are, in fact, bona fide and possess full am
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits sccep rna 10 the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or inarpomted herein by
reference. Any additional or different moms and conditions proposed by salter ate objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately Hyatt cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Deliveryand performance mast be el&ned within me time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall creature. a waiver ofthis pmvisioa. In me event of any delay,
the Footwear shall have, in addition to other legal am equUmle remedies, me option of placing this order elsewhere
coal holding the Seller liable for damages. However, me Sella shall not be liable for damages as a result of delays
due to canes not nationality foresaable which sere beyond its observable control and without its fault of ne ligeaoe.
such acts ofGoL acts uncivil or military authorities, governmental priorities, Gres, strikes, food, epidemics, wars or
Hats provided that notice of the conditions arcing such delay is given to the Purchaser within five (5) days of me
time when the Sella first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for me prod equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants mat all good, articles, materials and work covered by this order will conform with applicable
drawings, sp nificaum., samples .door other descriptions Inc., will ha fit for no parposo intended, ad
performed with the highest degree of cart and competence in accordance with accepted standards fen work of a
imilar tature. The Sella agree In hold the purchaser bmmlos from any loss, damage or expense which the
Porchsser may suffer or incur on account of me Sellers breach of warranty. The Sella shall teplace, repair or make
good, without rest or the purchaser, any defects or ftults arising within one (1) year or within such longer periad of
time s may be, prescribed by law a by the an. oF.y applicable warranty provided by the Sella after the time of
acceptance of rise good famished hereunto (acceptance not to be unreasonably delayed). resulting from imperfat
of defective work done or materials famished by me Seller. Acceptance or use of good by the Parelover shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellan
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The purchaser Only make changes to legal It. by wrinen change order
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser my make any changes to the terms, other than legal terms, including additions to or deletions foam
the quantities Originally ordered in the speciricmiom or drawings, by verbal or written change order. If any such
change affects me amount due or the time of performance hereunder, an ryuimble adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that me Purchaser shall not be liable for any claims for anticipated praits on the uncompletal
portion of the good -Nor ..,it. far incidental or ormax,ential damages, and that no such adjustment be made in
favor of the Seller with respect to any good which art me Sellers standard stock. No such termination shall relieve
the Purchaser or me Sella army ofineir obligatiom as many goods delivered hereunder.
7. CLAIMS FOR AD3USTMEM.
Any claim for adjustment most be examined within mirry (30) days fmm the date the change m termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller vow —is Oat all good sold hereunder shall hove been produced, sold, delivered and f fished in area
compliance with all applicable laws and regulations to which the goods art subject. The Seller shall em am and
deliver such documents. may be required la eftixot or evidence compliance. All laws and regulativos required to he
incorporated in agreements of this character are hereby inorporaled herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser. a result of the
Sellers Chi late to comply with such law.
9. ASSIGNMENT.
Neither party shall assign transfer, in convey this ender, or any monies due or to become due hereunder without the
Prior wrinm consent of the other poly.
10. TITLE,
The Sella common, fall, clear and unattained title to the Purchaser for all equipment, wmials, and items f ishcd
in perfixonxii of this agreement, free and clear of any and all liens, rescom ions, reservations, security interest
encumbrances and claims orations.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cznu the work to be Performed by the most expeditious means available to it, and the Seller shall pay all
asts ass aimai with such work.
The Seller shall mleau the Purch.er and its contmanot crony tier form all liability and claims of any .two
moulting from the performance, of such work.
This release shall apply even in the at, of fault of negligence of the Party released and shall extend a the
directors, officers and employes ofsucM1 parry.
The Seller's commercial obligation, including womnry, shall not b, deemed to be, moment, in any way, became
such work is performed or eased in be performed by the Pumhaser.
14. PATENTS.
Whenever the Seller is require) cruse say design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless me Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the commit, and
shall indemnify me Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecation in after the completion of the wo& to eau said equipment, or
any pan therm(err the intended use of the good, is in such suit held m constitute infrimemem and the use of
said equipment Or Part is ajoined, the Seller shall, ed its own expense and at its apdaw, either procum for the
Purchaser the right to continue using said auipmml or Parrs, replace Ore same with substantially equal but
naninfringingequipacent,or modify it so it bccom.noninfn'nging.
15. INSOLVENCY.
If the Sella shall become insolvent or bardmpt, make an assignment for me benefit of creditors, appoint a
receiver or trustee for my of me Sellers property or bminess, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of team used or the interpretation ofthe agreement and the rights of all parties hammer shall be
combined under and governed by the laws afore Stare of Colorado, USA.
The following Additional Conditions apply only in bases where the Sella is m perform work hereunder,
including no service, of Sellers Repeauwtive(s), on me Premiss of croons.
17, SELLERS RESPONSIBILITY.
The Sella shall carry con said wok at Seller's owes risk it the same is fully compleed and accepted, and shall,
in au of any accident, destruction or injury to the work mtNor materials ben Sellers full completion and
axaptane, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When wtmals
and equipment are famished by others for installation or erection by the Sella, the Seller shall racive, unload,
stare and handle same at the site and become rawasible therefor as though such materials and/or equipment
were being Terminal by the Seller under the ad,
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, w its employees employed on or in connection with the work covered by this purchase order.
anNm o then dependents in accordance with the laws of the sate in which the work is to be, done. The Sella
shall also tarry comprehensive general liability including, but not limited to. contractual and aaromobile public
liability insurance with bodily injury and Beam limits of at lean S300,000 for any care prawn, S5e10,000 for any
We accident and property damage limit per accident of $400,030. The Sella shall likewise require his
co oracmrs, if any, m Provide for such compensation ab imumnce. Before any of me Sellers ar his contractors
employes shall do any work upon the premises of others, the Sella shall furnish the Purchaser with a ceni fiem
that auch compensation and insurance have hem provided. Such cenifica es shall specify the dare when such
compensation and insurance have been provided. Such artifemes shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assure. me none mWnsibiliry and liability for any and all damage, loss or injury of any kind
or atom whomever to persons or property bauud by or resulting from the execution ofthe work Provided for in
this purchase under or in connection herewith. The Sella will indemnify and hold hannlees me Purchaser anal my
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expeoses whether direct or imme t, and whether to persons or pmpeny to which day Pachasa may
be put a subject by ram. of any act, action, neglect, omission or default on the pan of the Seller, any of his
antmnon, or any of the Sellers or coneacams officers, agents or employees. In case any suit at other
proceedings shall be brought against me Purahaza, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of me Seller of any of his contractors or any of its or
their officers, agents or employes as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at me Sellers awn expense, to pay any and all costs, charges, attomrys fees and other expanses,
any and all judgmeats that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in rose judgment or other lien be placed upon or
obtained against me property of the Purchaser, or said parties in or. a result of such suits or other proceedings,
the Seller will at once came the same W be dissolved awl discharged by giving hoed or otherwise. The Seller anti
his cantracmrs shall rake all afery prate ore, braids and install all guard necessaty for the prevention of
accidents, comply joint all laws and reg lmom with regard to away including, but without limiution, the
Occupational Safety and Health Act of 1970 and all ales am regulations issued pursuant memo.
Revised 03/2010